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Clarence Thomas says more rights could be usurped---like it's a good thing.

By Curt_Anderson
June 24, 2022 4:45 pm
Category: Law

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Thomas calls for overturning precedents on contraceptives, LGBTQ rights
Thomas didn't mention, Loving v Virginia, but overturning that ruling would outlaw interracial marriages---like his.
(TheHill)Supreme Court Justice Clarence Thomas on Friday called for overturning the constitutional rights the court had affirmed for access to contraceptives and LGBTQ rights in an opinion concurring with the majority to decision to overturn Roe v. Wade.

In his separate opinion, Thomas acknowledged that Friday’s decision in Dobbs v. Jackson Women’s Health Organization does not directly affect any rights besides abortion. But he argued that the constitution’s Due Process Clause does not secure a right to an abortion or any other substantive rights, and he urged the court to apply that reasoning to other landmark cases.

Thomas wrote, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”



Griswold v. Connecticut, 381 U.S. 479 (1965), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives without government restriction.

Lawrence v. Texas, 539 U.S. 558 (2003), was a landmark decision of the U.S. Supreme Court in which the Court ruled that sanctions of criminal punishment for those who commit sodomy are unconstitutional.

Obergefell v. Hodges, 576 U.S. 644 (2015) (/ˈoʊbərɡəfɛl/ OH-bər-gə-fel), is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution.

Cited and related links:

  1. thehill.com

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Comments on "Clarence Thomas says more rights could be usurped---like it's a good thing.":

  1. by Curt_Anderson on June 25, 2022 10:07 am
    Does anybody know which other non-enumerated rights are protected by the 14th amendment?


  2. by HatetheSwamp on June 25, 2022 12:51 pm

    There's been quite bit of chatter on the right...which you don't know about...on this.

    What would be at issue is same sex marriage, in particular.

    Thomas voted against the majority in the Obergefell case which legalized same sex marriage. That vote was 5-4 and Anthony Kennedy is gone.

    In their opinions in Dobbs, Alito implied that his reasoning in reversing Roe would not apply to Obergefell. Kavanaugh concurred and made the point more strongly.

    People over here who seem to know, seem confident that Kavanaugh was the weakest of the five votes to overturn Roe. There's widespread informed speculation that, to secure Kavanaugh’s vote, Alito promised Kavanaugh that he would not vote to overturn Obergefell.

    It requires four justices to vote to take a case under consideration by the Court. So, perhaps, at the most, ACB, Thomas and Gorsuch would be willing to take the case. So, with these justices, Obergefell seems safe.

    pb, as you may recall, predicted that SSM would be legalized in the whole US only if it was foisted on the nation by the Supreme Court. pb still thinks that the foisting was wrong. But, it seems almost certain that SSM is safe.


  3. by islander on June 25, 2022 2:55 pm

    One thing we have all learned from their confirmation hearings is that those Trump appointed judges are adept at deceiving people !!!


  4. by Curt_Anderson on June 25, 2022 3:20 pm
    "There's widespread informed speculation that, to secure Kavanaugh’s vote, Alito promised Kavanaugh that he would not vote to overturn Obergefell." --HtS

    If there is any truth to that, that's a worse leak than the leaked draft opinion that overturned Roe v. Wade.


  5. by HatetheSwamp on June 25, 2022 6:25 pm

    This came primarily, from Fox's Shannon Bream. She's their Supreme Court, well, correspondent. I said that this was "informed speculation," based on her knowledge of the Justices and their past writings, and knowledge how the Court has operated throughout its history.

    Bream is pretty sharp and very well informed, but this is an informed guess. As I've said, I tried to write my dissertation on Supreme Court decisions on the Establishment Clause. Twenty five years ago, I was pretty well informed on the Court...not as much any more. But, Bream's take makes sense to pb.

    In any case, I can't see the Court sending SSM back to the states.


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